BOGERT v. WASHINGTON TWP.


45 N.J. Super. 13 (1957)

131 A.2d 535

HOWARD D. BOGERT, JOHN J. BOGERT AND M. CATHERINE DWYER, PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF WASHINGTON, A MUNICIPAL CORPORATION EXERCISING ITS FACULTIES IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, PURSUANT TO THE AUTHORITY OF THAT STATE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1957.


Attorney(s) appearing for the Case

Mr. Samuel M. Lyon, Jr., argued the cause for plaintiffs-appellants (Messrs. Doughty and Dwyer, attorneys; Mr. Michael A. Dwyer, of counsel; Mr. John J. Bogert, on the brief).

Mr. Lloyd L. Schroeder argued the cause for defendant-respondent.

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by CLAPP, S.J.A.D.

This action was brought in the Superior Court, Law Division, to set aside a supplement to the zoning ordinance of the Township of Washington. The supplement upgrades a certain area, including land of the plaintiffs, from an AA residential district to a newly-established AAA residential district. The action of the township was sustained by Judge Leyden, and plaintiffs appeal.

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